IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAVI MALIMATH, CHIEF JUSTICE &

HON'BLE SHRI JUSTICE VISHAL MISHRA st ON THE 1 OF APRIL, 2023 WRIT PETITION No. 23659 of 2022 BETWEEN:-

AARTI DAYMA D/O SHRI CHHETERMAL DAYMA, AGED ABOUT 31 YEARS, OCCUPATION: GUEST FACULTY, R/O 242/3, SHRAMIK COLONY, BADA GANPATI, INDORE (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANSHUL TIWARI - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. COMMISSIONER, MADHYA PRADESH HIGHER EDUCATION, SATPUDA BHAWAN, DISTRICT BHOPAL. (MADHYA PRADESH)

3. PRINCIPAL, GOVERNMENT HOLKAR SCIENCE COLLEGE, BHANWARKUNA, A.B. ROAD, INDORE (MADHYA PRADESH)

4. BALVINDRA KAUR, OCCUPATION: GUEST FACULTY R/O GOVERNMENT HOLKAR SCIENCE COLLEGE BHANWARKUAN, A.B. ROAD, INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI BHARAT SINGH - ADDITIONAL ADVOCATE GENERAL FOR RESPONDENT NO.1)

This petition coming on for admission this day, the Court passed the Signature Not Verified Signed by: MOHD IRFAN following:

ORDER

This petition has been filed seeking the following reliefs:

"(i) To call for the relevant records of the case from respondents.

(ii) To quash the impugned order dated 10.10.2020 (Annexure P-6) issued by respondent No.3 by a writ of Certiorari for any other appropriate writ direction or order.

(iii) To command the respondents to consider the case of the petitioners for continue on the post of guest faculty in Home Science on the basis of his positive merits.

(iv) Allowed this petition with costs.

(v) Pass such other orders as may be deemed appropriate in the facts and circumstances of the case to grant relief to the petitioner. "

2. It is the case of the petitioner that she was working in the respondent's department as Guest Faculty having a long experience. It is submitted that she was working since last more than 8 years as Guest Faculty with utmost honesty and sincerity. It is further submitted that she is working in the respondent college since 2016-17 and her appointment is through the selection process, which is legal and valid. She was continuously teaching but the respondents No.1 and 2 advertised the post of petitioner. Therefore, aggrieved by the action of the official respondents, petitioner filed a petition being Writ Petition No.5934 of 2017 and this Hon'ble Court vide order dated 13.09.2017 has categorically held that the guest faculty cannot be replaced by another guest faculty or until regular appointments are made. The respondent department issued the guidelines on 17.12.2019 for the guest faculties working against the post of Assistant Professor. The respondent fallen out the petitioner due to transfer against the order dated 13.09.2017. The official respondent had issued an order dated 25.02.2022 whereby clause 2.3 of the policy dated 17.12.2019 Signature Not Verified Signed by: MOHD IRFAN has been amended. The respondent No.4 had been first time appointed as guest faculty on 23.04.2022 at Government College Alot District Ratnam and thereafter she was relocated at the Holkar Science College, Indore vide order dated 02.09.2022. It is her case that on 07.10.2022, the official respondents transferred Dr. Swagata Gupta, Assistant Professor (Chemistry) to the Government Holkar Science College, Indore and respondent No.3 issued a letter No.111/22 dated 10.10.2022 by which the petitioner came to know that the petitioner has been declared as fallen out in place of respondent No.4, which is contrary to the decision of Division Bench of this Court in the case of Pradeep Kumar Yadav and Others Vs. M.P State and Others (Writ Petition No.6159 of 2022) and other connected matters vide order dated 26.04.2022 as well as in the case of Saurabh Singh Baghel and others Vs. State of M.P and others reported in 2019 (1) MPLJ 643, whereby it is categorically held that the guest faculty cannot be replaced by another guest faculty or until regular appointments are made. The pet